Hello Every one, Recently I am facing a problem with by ex-employer - I had a proper Resign from my ex-company june 21 - with 1-month notice served & 2 month pay back clause. ex-employer accepted by resignation - & not mentioned any relieving date- however in my resign letter my relieving date is mentioned.
After serving 1.5 month notice period, the company did not clear my relieving , also they have told me to do 3 months notice period serving clause as per my joining letter contract.
Now already 4 months have passed, & company is still not replying any date for full & final, also they are telling verbally to wait more time - without any written confirmation.
In that case, i am unable to understand that what should i do to have my full & final -
need your valuable suggestion - for below points.
a) After how much time employer will do full & final settlement .
b) After resignation acceptance can employer terminate the employee.
c) also there is no response from HR- by email or phone call.
d) After resignation acceptance is there any time frame or maximum time to do full & final settlement.
e) after my last day in the organization - almost 3 months gone - but to date, i have not received experience letter & documents.
After serving 1.5 month notice period, the company did not clear my relieving , also they have told me to do 3 months notice period serving clause as per my joining letter contract.
Now already 4 months have passed, & company is still not replying any date for full & final, also they are telling verbally to wait more time - without any written confirmation.
In that case, i am unable to understand that what should i do to have my full & final -
need your valuable suggestion - for below points.
a) After how much time employer will do full & final settlement .
b) After resignation acceptance can employer terminate the employee.
c) also there is no response from HR- by email or phone call.
d) After resignation acceptance is there any time frame or maximum time to do full & final settlement.
e) after my last day in the organization - almost 3 months gone - but to date, i have not received experience letter & documents.
Dear Colleague,
In simple words, it is construed that you had completed your notice period service and complied the terms of appointment. But even after 4 months over, the organization / hr is not settling the F&F and sent you relieving order / experience certificate etc.
In this case it is not clear in your write-up, whether you are still continue to work in the organization or already left/ what is your span of service etc.
Broadly :
1. You are not bound to work beyond your notice period of 3 months and the organization can not also insist you to work beyond the stipulated notice period. If some one insist you to work more than notice period, it is not legally right.
2. As far as F&F is concerned there is no time line, stipulated under the law except for those working in Factories the wages for the Annual leave earned to be settled within 2 days of quitting service. Generally for settlement of Bonus there is 8 months time from the date of close of Financial year allowed. For Gratuity ( if you completed 5 years of continuous service) , 30days time from the date of relieving is allowed and beyond 30days simple interest is applicable which the organization has to pay additionally.
3. There is no time line for issuing Experience Letter etc under the current Labour Laws which a long way to go for such refinements.
Under the given circumstances as step by step possibility could be:
1. Directly approach the Organization for getting your settlement done
2. Send reminders, Letters, meet personally etc and get the things done
3. Meet the highest person in the organization to get your grievance addressed
4. Approach the top management ( which may not be easy) for getting their notice on your subject
5. Even if not settled raise a grievance petition in the grievance portal of the Labour Department
6. Approach the Conciliation Officer ( if your are a Worker covered under Industrial Dispute Act 1947) for suitable remade for F&F and for Gratuity raise petition before Controlling Authority under the Payment of Gratuity Act and keep this as a very last option
Overall direct discussion and getting the things done is the best way as legal way out will be long term process and that should be the last and last one as you had worked for the organization and some people might be at fault and not the organization as such
From India, Chennai
309In simple words, it is construed that you had completed your notice period service and complied the terms of appointment. But even after 4 months over, the organization / hr is not settling the F&F and sent you relieving order / experience certificate etc.
In this case it is not clear in your write-up, whether you are still continue to work in the organization or already left/ what is your span of service etc.
Broadly :
1. You are not bound to work beyond your notice period of 3 months and the organization can not also insist you to work beyond the stipulated notice period. If some one insist you to work more than notice period, it is not legally right.
2. As far as F&F is concerned there is no time line, stipulated under the law except for those working in Factories the wages for the Annual leave earned to be settled within 2 days of quitting service. Generally for settlement of Bonus there is 8 months time from the date of close of Financial year allowed. For Gratuity ( if you completed 5 years of continuous service) , 30days time from the date of relieving is allowed and beyond 30days simple interest is applicable which the organization has to pay additionally.
3. There is no time line for issuing Experience Letter etc under the current Labour Laws which a long way to go for such refinements.
Under the given circumstances as step by step possibility could be:
1. Directly approach the Organization for getting your settlement done
2. Send reminders, Letters, meet personally etc and get the things done
3. Meet the highest person in the organization to get your grievance addressed
4. Approach the top management ( which may not be easy) for getting their notice on your subject
5. Even if not settled raise a grievance petition in the grievance portal of the Labour Department
6. Approach the Conciliation Officer ( if your are a Worker covered under Industrial Dispute Act 1947) for suitable remade for F&F and for Gratuity raise petition before Controlling Authority under the Payment of Gratuity Act and keep this as a very last option
Overall direct discussion and getting the things done is the best way as legal way out will be long term process and that should be the last and last one as you had worked for the organization and some people might be at fault and not the organization as such
From India, Chennai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Full n final settlement.doc
Full & final.xls